Nuisances Ordinance

Reprinted directly from the Town of Huntersville Code of Ordinances.

Chapter 93: Nuisances

Noise

§ 93.40 Unnecessary Noise Prohibited.

It shall be unlawful for any person to create, assist in creating, permit, continue or permit the continuance of any unreasonably loud, disturbing or unnecessary noise in the town.

(1993 Code, § 8-86) Penalty, see § 93.99

§ 93.41 Prohibited Acts Enumerated.

(A) The following acts, among others, are declared to be loud, disturbing, annoying and unnecessary noises in violation of this subchapter.

(1) Motor vehicles. The operation of a motor vehicle in such a way as to cause, suffer or allow any loud, excessive or unusual noise in the operation or use of such motor vehicle upon any streets of the town.

(2) Blowing horns. To unreasonably sound any horn, signal, device or in any other manner or circumstances or for any other purpose than required by the laws of the state.

(3) Racing engine. To race the engine of any motor vehicle while such vehicle is not in motion, except when necessary to do so in the course of repairing, adjusting or testing the same. The racing of an engine at a personal residence, to make repairs or adjustments shall only be conducted between the hours of 8 a.m. and 9 p.m.

(4) Use of vehicle. To use or permit to be used any automobile, truck, bus, motorcycle or other vehicle, stationary or moving, with an engine, instrument, device or other thing so out of repair, so loaded or such a manner as to create loud and unnecessary grading, grinding or other noise or to create any loud and excessive noise in connection with the loading or unloading of any vehicle or in the opening or destruction of bales, boxes, crates or containers.

(5) Sound amplification equipment. The use of sound amplification equipment on public streets or on private property which produces a sound which is cast upon the public streets or sidewalks for the purpose of commercial advertising or attracting attention of the public to any sound or structure is prohibited. The use of such equipment for amplification or broadcasting of music, speeches or general entertainment of a noncommercial nature is prohibited when it results in the sound being plainly audible at a distance of 100 feet from the point of broadcast or if it creates an obstruction to pedestrian or vehicular traffic. Sound amplification equipment installed in automobiles shall not be audible at a distance of 50 feet while the vehicle is being operated on a street or in a public vehicular area. This section shall not apply to warning devices on authorized emergency vehicles. This subsection shall not apply to any event held in recognition of a community celebration of national, city or state events, public festivals or the like.

(6) Shouting, calling and the like to attract attention. To make any noise upon any public street or in such proximity to such public street as to be distinctly and loudly audible upon such street by any kind of crying, calling or shouting or by means of any whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument or other device for the purpose of attracting attention or inviting patronage of any person or any business or to thereby create an annoyance upon persons on any public street or on neighboring premises or otherwise create a public nuisance.

(7) Radios, phonographs and the like. The use, operating or permitting to be played, used or operated any radio, receiving set, musical instruments, phonographs or other device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which machine or device is operating.

(8) Pets. To own, keep and have in one’s possession or harbor any animal or bird which by frequent or habitual howling, yelping, barking or otherwise shall cause loud noises and produce serious annoyance or disturbance to any person or to the neighborhood.

(9) Construction site. Site preparation and excavating and the construction, demolition, alteration or repair of any building or structure located on a site that is within 1,000 feet of an occupied residence other than between the hours of 7 a.m. and 8 p.m., Monday through Saturday, and between the hours of Noon and 8 p.m. on Sunday, unless such work is entirely within a completely enclosed area so as not to be audible beyond the property line of the lot upon which the work is conducted. The Chief of Police or designee may approve exceptions in cases of urgent necessity in the interest of public safety.

(10) Refuse collection or delivery trucks. Operating trucks, loaders or other equipment for refuse collection, or for delivery of goods to a site that is within 500 feet of an occupied residence, except between the hours of 7 a.m. and 8 p.m. Monday through Saturday, and between the hours of Noon and 8 p.m. on Sunday. The Chief of Police or designee may approve exceptions in cases of urgent necessity in the interest of public safety.

(B) Such enumeration shall not be deemed to be exclusive.

(1993 Code, § 8-87) (Ordinance passed August 5, 2002)

Statutory reference:

• Noise regulations, see G.S § 160A-184

§ 93.99 Penalty.

(A) Whoever shall violate any provision of this chapter for which no specific penalty is provided shall be punished as set forth in § 10.99 of this code.

(B) (1) Any violation of §§ 93.01 through 93.09 or the failure to abide by any lawful order issued pursuant to §§ 93.01 through 93.09 shall be punishable as provided in § 10.99.

(2) In addition to the penalty provided in subsection (1) above, any violation of the provisions of §§ 93.01 through 93.09 or a failure to comply with any of its requirements shall also constitute a civil offense and shall subject the offender to a civil penalty in the amount of $50. Any person violating §§ 93.01 through 93.09 shall be issued a written citation of the violation, which may be issued by any police officer, Town Manager, Building Inspection Officer or such other office as is charged from time to time by the Board of Commissioners with the enforcement of this subchapter. If the offender fails to pay the penalty within 16 days from its issuance to the Tax Collector, the penalty may be recovered by the town in a civil action in the nature of debt.

(3) Each day’s continuing violation shall be a separate and distinct offense.

(4) In addition, the provisions of §§ 93.01 through 93.09 may also be enforced through equitable remedies issued by a court of competent jurisdiction, including injunction and order of abatement or any other remedy permitted under §§ 93.01 through 93.09 or at law or equity.

(5) Sections 93.01 through 93.09 may be enforced by any one, all or a combination of the remedies authorized in this section.

(`93 Code, § 8-35)

(C) Sections 93.25 through 93.27 may be enforced by any or both of the following ways as provided by law.

(1) Anyone violating §§ 93.25 through 93.27 shall be guilty of a Class 3 misdemeanor and shall be fined not more than $100 or imprisoned for not more than 20 days.

(2) A violation of §§ 93.25 through 93.27 shall subject the violator to issuance of a citation in the amount of $100 for each citation. A citation remaining unpaid to the Town of Huntersville after 15 days from the date of issuance shall subject the violator to a civil penalty, which may be recovered by the town in a civil action. A violation, which is a continuing violation, shall subject the violator to separate citations for each day the violation continues.

(D) Sections 93.40 and 93.41 may be enforced by any or both of then following ways as provided by law.

(1) Anyone violating §§ 93.40 and 93.41 shall be guilty of a Class 3 misdemeanor and shall be fined not more than $50 or imprisoned for not more than 20 days.

(2) A violation of §§ 93.40 and 93.41 shall subject the violator to issuance of a citation in the amount of $50 for each such citation. A citation remaining unpaid to the Town of Huntersville after 15 days from the date of issuance shall subject the violator to a civil penalty, which may be recovered by the town in a civil action. A violation, which is a continuing violation, shall subject the violator to a separate citation for each day that the violation continues.

(1993 Code, § 8-88) (Ordinance passed 9-20-99; Am. Ordinance passed November 20, 1990)